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Converting Formats
Q. We are considering purchasing equipment that will convert our videos into DVDs. Our intentions are to reduce storage space
as well as to preserve the productions for our future use. These are commercially-produced educational videos that we have
purchased for our library, Are there copyright guidelines that cover this procedure?
A. Copyright doesn't protect ideas, but does protect the format in which the idea is expressed. One of the five rights granted
an author is the right to have a derivative work created based upon their work. Changing formats is creating a derivative
work in another form. When one purchases a video program, they actually do not own the program, but rather are granted the
right to use that program.
With the preceding in mind, you can still write to the copyright holders of the programs you wish to convert to DVD requesting
permission and establishing the rationale for converting formats. The worst scenario is that they will not grant permission.
They may grant permission with or without a fee involved.
Some educational institutions, when purchasing video programs, have obtained transmission and duplication rights. If,
in fact, you have videos in your collection that have such rights, then it would not be permissible to convert those specific
programs to DVD.
Use of TV Commercials
Q. Would it be acceptable to air a few commercials, via closed circuit TV throughout our school, to be used for a comparison/contrast
lesson in each teacher's classroom? The commercials were taped off-air, not from cable.
A. Currently, the only direct, off-air permissions for educators are part of the Off-air Taping Guidelines. Those guidelines
permit the taping and presentation in a classroom, but make no stated provision for airing over a closed circuit system.
Without any explicit permission being granted, it then becomes a matter of interpretation, under the general concept of Fair
Use, as to whether the material may be used. Potentially, for instructional use, brief segments, rather than complete programs,
might fall under the general category of Fair Use, but, once again, that is only one possible interpretation.
You might consult with your institution's attorney for an official position to be taken, since the Off-air taping Guidelines
make no provision for closed circuit redistribution of content taped off-air. Using stand-alone, in a classroom, is generally
considered permissible.
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